New Alien Registration and Documentation Rule

The Department of Homeland Security (DHS) is set to rapidly reprioritize its enforcement objectives with the revival of the “Alien Registration Form and Evidence of Registration” Rule (“the Rule”), which took effect on 11 April 2025.

The Rule requires registration by nearly all individuals traveling to the U.S. for 30 days or more who have not been previously registered, with notable exceptions exempting most adult visa holders. As we’ll detail below, under the new Alien Registration Rule, most individuals who entered the U.S. with a U.S. visa stamp have previously been registered and are therefore will not need to re-register; this exempts a broad range of adults physically present in the U.S. on valid work visas like H-1B, L-1, O-1, or E-1/E-2, as well as student visas, like F-1 or J-1.

That said, the Alien Registration Rule stands to significantly impact all noncitizens currently in the U.S. who haven’t previously completed biometrics capture, or fingerprinting, as part of their original visa or green card process (for example, children under the age of 14), as well as those already registered who may need to catch up on compliance with the Rule. With DHS taking renewed interest in the Immigration and Nationality Act’s (INA) long-standing registration requirement, it will be critical for visa holders and applicants to remain compliant with registration maintenance requirements, including notifying U.S. Citizenship and Immigration Services (USCIS) of any residential address changes within 10 days of relocating.

Who is Required to Register?

All noncitizens in the U.S. for more than 30 days are required to register. If you’ve been fingerprinted in the course of receiving a U.S. visa or green card at or above age 14, you are likely exempt from the need to file another form with USCIS as you have already been registered and fingerprinted while applying for the visa or green card. In fact, a Form I-94 admission record or I-551 green card serve as sufficient evidence of registration under the Rule.

The Rule covers initial registration, as well as compliance requirements, meaning that those already registered must continue to comply with the Rule’s requirements related to notifying the USCIS of any changes to address. This long-standing requirement directs noncitizens to notify the USCIS of a change to their address within 10 days of moving (form and instructions available at: https://www.uscis.gov/ar-11). This includes specific requirements associated with registration, including biometrics capture (for those under 14 when they received their visa), notifying the USCIS of changes to address, and always carrying documentation to evidence valid registration. More details on this part of the Rule are provided in the next section.

The Rule also requires re-registration for anyone that turned 14 while in the U.S. so that they can complete required fingerprinting. Those that likely haven’t been previously fingerprinted include:

1. Under 14: Parents or guardians of minors who received their visas or green cards under the age of 14 must register on their child’s behalf only if not already registered by virtue of receiving a valid I-94 when they entered the U.S. (they will not need to provide fingerprints, but will need to re-register when they turn 14, see below);

2. Turning 14: Any noncitizen physically present in the U.S. for more than 30 days who turns 14 in the U.S. must register within 30 days of their 14th birthday (regardless of whether they were registered as children by their parents or by virtue of entering the U.S. with a valid visa); and

3. Over 14: Any noncitizen already over the age of 14 who did not register as part of their visa application process (i.e. they were under 14 when receiving the visa and/or green card, or qualified for visa/I-94 waiver (including those who originally entered on ESTA, if remained in the U.S. for over a year, and visa-exempt Canadian nationals)).

There are some exceptions to the above categories, which includes those that may have entered the U.S. under the age of 14, but may have been fingerprinted and registered during another part of their U.S. immigration journey, including:

• Permanent residents (i.e. green card holders) unless they were under 14 at the time of biometrics collection;

• Anyone with a valid U.S. employment authorization document (EAD); and

• Anyone who was or is in removal proceedings;

• Certain Parolees; and

• Asylees.

  
  

It’s important to consult with immigration counsel if you have any uncertainty as to whether you or your dependent child are required to register.

What Does Registration Require?

Initial Registration (for those not already registered)

For those that need to register, the USCIS has provided instructions on the steps they will require, available at: https://www.uscis.gov/alienregistration. These steps include:

1. Creating a myUSCIS online account (if you don’t already have one).

2. Complete and submit Form G-325R (https://www.uscis.gov/g-325r):

   • This form will only be available for filing online;

   • Minor children subject to the Rule need to have their own individual myUSCIS account set up by the parent or guardian.

3. USCIS will then review the form and process:

   • In most cases (for registrants over age 14), USCIS will then schedule a biometrics appointment for the noncitizen to have their biometrics captured.

   • For registrants under age 14, parents must register their child by filing the form, as noted above, but USCIS should not require biometrics from children. As noted above, minor children initially registered by their parents will need to re-register within 30 days of turning 14 and then will have their biometrics collected.

4. USCIS will then issue registration documentation, which must be carried at all times (including parents carrying on behalf of their minor children).

Post-Registration Requirements (applicable to all noncitizens in the U.S. for 30 days or more)

For those already registered: make sure to notify the USCIS of any changes to address by timely filing Form AR-11 within 10 days of moving. This is an important requirement that the USCIS previously left largely unenforced, but the Rule indicates they will resume enforcement of these compliance requirements.

Important:

• Children who received their green cards under the age of 14 must file Form I-90, application to replace green card, within 30 days of turning 14. This allows the USCIS to complete the biometrics capture required for those over 14.

• Children who received their most recent visa while under age 14 must file Form G-325R within 30 days of turning 14, for the same reasons noted above.

After completing registration, the same compliance requirements apply to all:

(a)    Carry documentation evidencing lawful registration either in the course of receiving your visa or green card or, if newly registered, the registration confirmation document that USCIS plans to issue after processing the Form G-325R.

and

(b)    Notify the USCIS of any changes to your address within 10 days of moving (form and instructions available at: https://www.uscis.gov/ar-11).

What are the Consequences of Failing to Comply with the Rule?

Regardless of whether you fail to initially register or fail to comply with the requirements (like address changes and carrying proof), being found noncompliant with the Rule could expose noncitizens to criminal liability and even imprisonment (for failing to register, which can be imputed to parents who fail to register their minor children). It can also result in a misdemeanor charge (for failing to carry proof of registration) or a fine of up to $5,000 (for failing to timely update address, unless the failure was excusable for a compelling reason or genuinely an inadvertent oversight).

In summary, the consequences of violations of the Rule are steep and very likely would constitute failure to maintain lawful U.S. immigration status. For visa holders seeking to maintain status and avoid impacting future visa or green card applications, registration and compliance with the Rule’s requirements are critical.

What to Expect Next:

While the Rule took effect on 11 April 2025, the DHS may release more details concerning its processing of applications. The agency’s interim final rule also confirms that those required to register will not currently incur a fee while filing Form G-325R, but DHS notes in its rule that it may impose a fee in the future.  They may also provide further guidance on any of the requirements or exemptions. Litigation actions currently in progress may also impact the Rule’s planned implementation.

For any questions, contact Attorney Jack Jrada at jack@si-visa.com.